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1. The inducement, cause or reason why a thing is done. In Civil Law a plaintiff generally need not prove the respondent's motive in acting or failing to act. It is a willful desire that leads one to act. Motive Law and Legal Definition Motive can be defined as some inner drive, feeling or impulse which causes a person to do something or act in a certain way. Motive An idea, belief, or emotion that impels a person to act in accordance with that state of mind. When a motive says the kind of infraction for which the defendant is responsible, the motive is partially inculpatory.[5].
Binder, Guyora. Motive is usually used in connection with Criminal Law to explain why a person acted or refused to act in a certain way—for example, to support the prosecution's assertion that the accused committed the crime. When
In determining the guilt of a criminal defendant, courts are generally not concerned with why the defendant committed the alleged crime, but whether the defendant committed the crime. Evidence; Witness. "Motive Crimes and Other Minds." [1] In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with. MOTIVE. 3, c. 2, art. However, a defendant's motive is important in other stages of a criminal case, such as police investigation and sentencing. Law Library - American Law and Legal Information - JRank Articles. If illegal activity with a particular motive does not hold a defendant responsible then that motive is fully exculpatory. [2] Motives are also used in other aspects of a specific case, for instance, when police are initially investigating. [2], The law technically distinguishes between motive and intent. The second objection is neutrality objection. However, a motive is not required to reach a verdict. 1 Russ. (n.d.). The motive of prosecutions is frequently an object of inquiry,
This was put forth as proof of Friend’s motive in fleeing from and shooting at the police officer. Motive is the term used to explain why a person committed a crime. revenge for a real or supposed injury, the credibility of the witness will
The same applies for a malicious criminal prosecution. By the same token, the prosecution may produce evidence that the defendant did have the motive to commit the crime and argue that the motive supports the proposition that the defendant committed the crime. Rather, as defined in the case State v. Willis, motive is “the moving course, the impulse, the desire that induces criminal action on the part of the accused.” A motive can be useful in combination with other evidence to prove that a person committed a crime, especially if the suspected perpetrator denies committing the crime.